Flue-Cured Tobacco Cooperative Stabilization Corp. v. U.S. Environmental Protection Agency
Several tobacco manufacturers sued the U.S. Environmental Protection Agency (EPA), challenging a report declaring that tobacco was a known human carcinogen. The district court ruled in favor of tobacco companies and the EPA appealed, arguing that the district court incorrectly held that the report was a final, reviewable agency decision. The Court agreed, dismissing the case.
Flue-Cured Tobacco Cooperative Stabilization Corp., et al. v. Environmental Protection Agency, et al., 313 F.3d 852 (4th Cir. 2002).
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"In summary, for the principal reasons that the statute forbids that the EPA carry out any regulatory program or any activity other than research, development and related reporting, information dissemination, and coordination activities specified in the Title; that there are no legal and direct consequences of the report which constitute final agency action; and that holding the report is subject to review under the APA would expose to immediate court review the various results of controversial governmental research as soon as published but before they are given regulatory effect, we are of opinion and hold that there has not been final agency action under 5 U.S.C. §§ 702 and 704. The decision of the district court is remanded for dismissal on account of want of subject matter jurisdiction. As noted, the cross appeal of the plaintiffs is denied. We do not decide the other questions raised in this case."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Several tobacco manufacturers sued the U.S. Environmental Protection Agency (EPA), challenging a report declaring that tobacco was a known human carcinogen. The district court ruled in favor of tobacco companies and the EPA appealed, arguing that the district court incorrectly held that the report was a final, reviewable agency decision. The Court agreed, dismissing the case.